Bhimrao Muralidhar Mastud v. Mangalbai Bhimrao Mastud And Others

1 W.P.4623.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 4623 OF 2015 Bhimrao Muralidhar Mastud ...PETITIONER versus Mangalbai Bhimrao Mastud and others ...RESPONDENTS .....

Mr. Rajiv B. Deshmukh, Advocate for Petitioner Mr. V.R. Jain, Advocate for respondents No. 1 to 3 .....

CORAM : SUNIL P. DESHMUKH, J.

DATED : 23rd APRIL, 2015 Order :- 1.

After hearing the parties it appears that the petitioner for reasons given in writ petition could not deposit amount of Rs.1,50,000/- within prescribed time. He, however, had deposited a sum of Rs. 50,000/- on 26-03-2015 and requested the court for extension of time. Said application came to be rejected on 10-04-2015 holding that the period as directed had already expired.

2.

Learned counsel for petitioner submits that his client is ready to deposit balance amount of Rs. 1,00,000/- within one week from today, as a matter of fact, he would try to deposit the amount by 24th April, 2015 itself.

2 W.P.4623.15 3.

Mr. V.R. Jain, learned counsel appearing for respondents, however, has some reservations yet, taking into account overall scenario, resiles to the request on behalf of petitioner.

4.

I, therefore, deem it appropriate to direct the petitioner to deposit a sum of Rs. 1,00,000/- in the trial court pursuant to order dated 02-03-2015 within a period of one week from today and preferably on 24th April, 2015. Accordingly, time granted under order 02-03-2015 shall be deemed to have been extended by a period of one week from today to deposit the amount as directed aforesaid. 5.

Accordingly, impugned order stands set aside. Writ petition stands disposed of with aforesaid direction. In case of failure to deposit amount within a period of one week from today, interim relief granted by the trial court shall be deemed to have been vacated.

( SUNIL P. DESHMUKH, J. ) MTK